Combining positions in one organization. TC RF: features of registration and payment

Combining positions in one organizationis often encountered. Many workers think: why not work hard for two if this is possible? Of course, you will have to spend too much time on this, but there are certain advantages. Well, it's worth talking about this topic in more detail.

Article 60.2 of the RF Customs Code

Before talking about combining postsin one organization, it is worth turning to the law. Namely to the first part of Article 60.2 of the Labor Code of the Russian Federation. In accordance with it, the employee may be instructed to perform additional duties for a certain period of time. But only with his consent or statement, submitted in writing. This work can be added to the main, prescribed in the employment contract. What about activities? The work can be the same (simply increase the number of cases) or in another specialty / position. This is more like a traditional combination. Of course, all this is certified in documents, and the additional load is paid.

But it should be noted one nuance. The combination of positions in one organization is allowed if it is expedient from the economic point of view. And of course, if the employee can take on this responsibility and carry an additional burden. Otherwise, the decision to combine does not bring any benefit. This should be taken into account both for the employer and for the person having the desire to assume this responsibility.

Matching order

In accordance with Art. 423 TC RF, the regulatory legal acts of the USSR (already former) may be applied in a part that is not contradictory to the LC RF. It is necessary to pay attention to this. And if the employee is charged with the implementation of additional loads, then an additional payment must be established. Personnel documents also need to be formalized. The current version of the Labor Code does not contain definitions of such a concept as "combining professions". But there is a Resolution No. 1145. And it establishes the procedure by which it is possible to combine two activities (positions). At the same time, the decree says that the employee can expand the service area or increase the amount of work that he does at the enterprise. He also has the right to assume the duties of temporarily absent employees.

Additional work is entrusted by specialists oron a temporary or on a permanent basis. But this is possible only if the state has a free position. Suppose that the company employs 30 people. And the number of necessary specialists is also 30. One of them is dismissed due to the lack of proficiency (say). And the place, respectively, is released. A person who is suitable for a position can apply to the authorities with an official request to give him this place for a combination.

Who is allowed to combine?

So, everyone understands that the work skillsexecutor of additional duties or posts must comply with the established requirements. Therefore, the combination of positions in one organization is regulated by them. That is, at school the teacher of the Russian language and literature can not in any way teach additional geometry if he did not receive a second higher education in this specialty. He must have the appropriate skills and knowledge.

But, for example, the driver of an enterprise car may well take up the post of a courier or freight forwarder. His skills and skills are enough to deliver any documents or cargo.

But the combination of two positions in one organizationpossibly even if they relate to different categories of personnel. What is meant? For example, a senior seller (this manager's position) can easily perform the duties and merchandiser (this implies placing the goods in the appropriate order and according to the established rules). In fact, the categories are different, but combining all of the above is not prohibited.

Or for example, a chef at a small cafe. These specialists often combine this position with the duties of the dishwasher. Or cleaners. That is, they wash dishes for customers and clean the kitchen. The main thing is to arrange all this, but in practice it is often found that the cook and dishes wash, and the kitchen, but receives only one activity - the main one.

About design

Many people are interested in a logical question: but how to arrange the combination of positions in one organization? So, this need to be told in more detail. Combination is the labor function of an employee. Accordingly, the mandatory condition of the employment contract. What follows from this? The fact that when an employment contract is drawn up with a specialist to whom the registration is established already at the time of employment, an additional condition is included in the document. He is recorded in a section called "Labor function". It is there that they write about the combination of posts or professions by an employee. Another item is often entered in the section called "Special Conditions". There also indicate an additional salary.

In the event that a person is already exercising hisactivity under the concluded labor contract, inclusion in the document (or exception) of the conditions concerning registration is carried out separately. Why? Because this procedure is a change in the terms of the contract. In such situations, an additional agreement is drawn up that is an attachment. In relation to this procedure apply the same rules as to the contract itself. It will require the consent of both parties in writing and everything else.

By the way, what about payment? The combination of posts in one organization, the registration of which is not so difficult, provides for additional payment. Its size is determined by agreement, concluded between the hired specialist and the employer. It can be specified either in percent (calculated at the tariff rate), or in the amount of rubles.

Information for Employers

The law does not provide that in order to obtainconsent of the employee must be documented, except for an additional agreement to the employment contract. However, in each organization, additional procedures may be envisaged (for convenience) preceding the conclusion of an additional agreement. They will be accompanied by the registration of any papers. The preliminary consent of the employee to the additional work that is entrusted is most often obtained in practice in two ways.

The first is as follows: the employee draws up a written application with a positive resolution of the head of the enterprise. But! This is the case if the employee himself was the initiator of the combination of positions in one organization. The rules are as follows.

The second way just suits the leadersenterprise. The chief must draw up a memorandum. In it you need to clearly explain the reasons why he invites a specialist to a second position. On this note, the employee subsequently writes his consent. Or refusal. But the bottom line is that any decision, whatever it is, should be fixed on paper.

What conditions should be observed?

So, the order of combining positions in oneorganization also implies compliance with certain conditions. In the additional agreement to be signed, it is necessary to prescribe them. First of all, the type of additional work is indicated. After this - the period during which it will be implemented by the employee. The third condition is the scope or content of additional work. And of course, the amount of additional wages.

After everything is written in the document,an order will be issued concerning personnel, on combining. There is no unified form of this document. So it is published in free text form. Here only on a special paper - on the order form.

Also, the date with which uthe specified period begins. The order to combine posts in one organization does not always contain the date of its termination. In the event that a specialist is assigned to a particular position for an indefinite term. Another thing is, when he was appointed to perform the duties of a person who went on vacation. Then in the appendix to the contract it will be specified, for what period the employee was put on a combination.

And if this is the combination of positions by the headorganization? And this also happens. In such cases, practically nothing changes. Only for the boss is the right to make managerial decisions and sign the relevant documents.

How to refuse?

What other nuances is the combination of posts inone organization? The LC RF says that the employee has the right to refuse ahead of schedule the performance of additional work, having warned the other party about it in writing in three working days.

It is necessary to pay attention to the fact that refusingcan any man, this is his full right. No one can force him to take on an additional burden. That is, if the chief after refusal will apply any kind of sanctions to the specialist, then this is a violation of rights.

In that situation, if the cancellation was initiated by the headenterprises, too, need to draw up a separate paper. This is a special notice that notifies a person about the termination of two posts at the same time. With notification, the specialist should be familiarized with the painting. It is advisable to make two copies. The first will remain with the employee, and the second will be with the chief. By the way, the specialist will have to subscribe to the fact that he got acquainted with the paper and received a duplicate of the document.

What is done after it stopsto act on an order to combine? The combination of positions is a serious matter, and it is logical to assume that when the contract is terminated, it is formalized in writing. All right! As soon as the employer and the employee have verbally agreed on the termination of the merger, it is officially fixed.

What you need to know

So, it is logical that when a person starts inin the direct sense of the word to work for two, the length of his working day also increases. But overloads are unacceptable. Within one month, the time worked by the combining specialist should not exceed 50% of the norm of labor time established for the respective class of employees.

Still it is interesting, that in those days in which the personis free from the performance of his duties in the enterprise, he can work for the benefit of another organization. Is it possible. And so many people do - most. Otherwise, in our time and in our state, an ordinary person does not live. That is, as they say, work on two jobs. What is not uncommon. Incidentally, this is the combination of positions in different organizations. But it is not allowed if the employee is less than 18 years old. And still it is impossible to work on two posts at the enterprise with harmful or dangerous conditions. Otherwise, it may endanger your health.

Another head of the enterprise has the right to beemployee of another organization. But! For this it is necessary to obtain permission. And it is issued by the authorized body of the legal entity. Or the owner of the property of the enterprise.

Important nuances

So, above was much told about the combinationpositions in the same organization. Registration, in principle, a simple procedure, but requiring compliance with a mass of nuances. And some of them have not been agreed yet.

So, the trial period. At many enterprises it is established. But! If an employee who is already working for the first time in the company is on the job, then there is no question of any probation period. He already passed it.

The second important point. This is a vacation for combining the positions in one organization. Everyone knows that every worker has the right to it. And every year. It is provided at the place of primary work. However, for the period of leave, the specialist is exempt from the execution of cases both in the first, main, and in the combined specialty. Thus, additional days of rest, unfortunately, can not be expected.

And what about vacation? Also an important point. If a person received a salary for the combination in the so-called settlement period, then all this will be taken into account during the calculation of vacation pay. This necessarily implies the combination of posts in one organization. Payment must be worthy, and it's also a vacation. As well as benefits! The surcharges accrued for the combined position are also taken into account when calculating benefits.

At last

In conclusion, I would like to say a few words about how,which entails a combination. Of course, the employee will have to experience the most of all. It is not easy to bear the burden of responsibility for two at once. This often affects the performance, health, the state of the nervous system. A person gets tired more quickly, less rest. Of course, now it's such a time that everyone tries to earn by any means, working in both two and three positions. But you need to really assess the situation. Employers benefit - do not need to look for anyone, set a probationary period, re-educate a specialist. But the employee will have a long time to get used to the new regime and to double the load. So you should think carefully before making a decision.